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Federal Employers Liability Act FELA Railroad workers face many risks while on the job The Federal Employers Liability Act FELA was passed by Congress to address this issue The law shields employers from state laws on workers compensation The law also allows for monetary compensation that are decided by juries based on the comparative negligence Unlike workers comp laws FELA is a faultbased law To be eligible for damages the plaintiff must prove that their employers negligence caused the injury It is a federal law The Federal Employers Liability Act FELA was passed in 1908 as a result of the number of railroad accidents that occurred in the late 1800s and early 1900s The law allows railroad employees who are injured to pursue compensation The law also excludes railroad employees from state workers compensation laws which normally prohibit them from suing employers FELA also allows for higher damages than are available under workers compensation laws All railroads that conduct interstate commerce are subject to the law This generally includes large Class I Class II and Class III railroads as well as small short line railroads that connect to these major railroads Unlike other tort laws FELA stipulates that an employee prove that his or her injury was the result of the negligence of their employer not that it was the sole cause FELA also eliminates the defenses of assumption and negligence Despite the fact the railroad industry is notorious for its inherent dangers there are still a lot of accidents and even fatalities These accidents can be caused by various reasons including equipment failures negligence and inadequate safety standards It is essential to hire a FELA lawyer who has experience and will ensure you receive the most benefit FELA can cover injuries that are traumatic that result from traumatic injuries like lacerations lacerations fractures and smashed bone It also covers occupational diseases like lung cancer hearing loss and asbestosis Furthermore it covers the aggravation of preexisting conditions such as carpal tunnel syndrome and chronic obstructive pulmonary disease The FELA was created to protect railroad workers from injuries on the job This does not mean its an alternative to workers compensation laws To be successful in a claim the claimant must demonstrate that the employer was negligent or careless This carelessness or negligence has to have caused the injury or the death This isnt an easy process but an experienced lawyer can help you with the process It is an errorbased law The Federal Employers Liability Act allows railroad workers injured while on the job to hold their employers responsible FELA differs from the laws governing workers compensation in that it requires workers to prove that their employers negligence and that negligence caused their injuries It is difficult to obtain FELA benefits without a seasoned FELA attorney FELA was passed by Congress in 1908 to provide the reimbursement of railroad workers injured on the job It also requires that employers adhere to safety regulations The act applies to railway companies that engage in international and foreign commerce FELA cases are usually filed in federal courts however they can also be brought by injured workers in state courts too In a FELA lawsuit an employee is entitled to damages for suffering and pain medical expenses lost wages and permanent impairment The amount of an award is determined by a factfinder which is usually an unbiased jury The jury will also take into consideration theories of comparative negligence and the assumption of risk Under FELA an employee doesnt need to prove that the railroads negligence caused their injury Another crucial aspect of FELA is that it is applicable to any injury that occurs during the course of employment This includes injuries sustained on the job and exposure to toxic substances or other hazards associated with work This is a significant distinction from workers compensation which only pays for onthe job injuries that are directly related to an employer In addition to FELA There are other laws that are applicable to railroad workers These include the Locomotive Inspection Act and the Safety Appliance Act as along with rules for work schedules trains train equipment tracks and rail yards fela lawyer can assist injured workers determine if their injuries were caused by a violation of a regulation or law If a worker is partially accountable for an illness or injury the amount of compensation they receive will be reduced It is crucial that injured workers seek assistance of a FELA attorney who has expertise in this field It is a preemption law All employers are responsible for the safety of their employees However certain industries and jobs could pose greater risk to employees than others Therefore workers who work in highrisk sectors are subject to a higher level of behavior Some jobs are so hazardous that they require specialized safety training and strict guidelines The Federal Employers Liability Act 45 USC 51 was ratified in 1908 To bring a claim a injured railroad worker must demonstrate that their employer did not fulfill their obligation to ensure a safe working environment and the injury was caused by this negligence This is different from state workers compensation laws which allow injured workers to recover for injuries without having to prove negligence Unlike workers comp FELA requires a plaintiff to prove that the railroads negligent conduct caused their injuries A jury may also make a decision that is higher than the states workers compensation laws Its not always clear whether a claim by an injured employee is covered under FELA The decision will be made by a court at the start of the case However FELA does allow injured workers to sue their employers for negligence even when the employer is not responsible for the injuries It also exempts railroad employees from the states workers compensation laws which would otherwise bar them from suing their employers A lawsuit filed under FELA can be filed either in federal or local court However most FELA cases are filed in federal court Whatever the location where the lawsuit is filed by law railroad workers injured must be represented in court by an experienced lawyer The Lanier Law Firm has a long history of fighting for the rights of railroad workers who have been injured We have vast experience handling FELA claims It is essential that a railroad worker who has been injured has a seasoned lawyer on their side because the FELA is a law based on the fault of the injured It will ensure that they get the compensation they deserve Additionally a seasoned lawyer will know the best strategies to employ in these types of cases It is a statute of limitations The Federal Employers Liability Act provides railroad workers a legal basis to file lawsuits against their employer The law also exempts railroad employees from state laws regarding workers compensation that would otherwise bar them from filing suit Injured railroad workers must be aware of the time limit for filing FELA claims in order to avoid missing the deadline The FELA statutes of limitations are three years from the date the cause of action was triggered Its important to be aware of this time period because if you dont submit your claim within the threeyear window you will forfeit your right to compensation This deadline is applicable to railroadrelated accidents and deaths However there are a few different situations that can make this statute of limitations more complicated Some illnesses can take a long time to be diagnosed If youre exposed dangerous substances like creosote or asbestos that slowly impair your body over time you may not get sick until years later In this case the statute of limitations begins when you first begin to notice symptoms and you know or know that your job as a railroad worker is to be blamed for your illness If you are involved in a FELA accident its a good idea to hire an experienced attorney as soon as possible An attorney can help you determine who is accountable and what evidence you will need to support your claim He can also start examining the scene by taking pictures talking to witnesses and checking equipment or tools for potential hazards which may have caused your injuries Hiring a lawyer early can ensure that you dont miss the FELA statute of limitations He will gather all the evidence needed to support your claim and ensure you receive compensation for the injuries you sustained In addition he will assist you in completing the complex paperwork required for filing an FELA lawsuit Doing it on your own could be extremely stressful and potentially dangerous especially if youre still recovering from an injury or the loss of loved ones